Paragraph 17 EnforcementI1

United Kingdom

(1)

F1Subject to sub-paragraph (1A), it shall be the duty of an enforcement authority in its area to—

(a)

enforce the provisions of Part 2 of this Schedule; and

(b)

carry out market surveillance duties under the RAMS Regulation, as it applies to construction products, and under the EU Construction Products Regulation.

F2(1A)

Where the Secretary of State is acting in their capacity as an enforcement authority the Secretary of State may—

(a)

enforce the provisions of Part 2 of this Schedule; and

(b)

carry out market surveillance duties under the RAMS Regulation, as it applies to construction products, and under the EU Construction Products Regulation.

(2)

A district council in Northern Ireland shall be competent to investigate and prosecute in respect of any offence under Part 2 of this Schedule that was committed outside its area in any part of Northern Ireland.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 17(1) inserted (20.7.2022) by The Construction Products (Amendment) Regulations 2022 (S.I. 2022/712), regs. 1(3), 3(2)(d)
F2: Sch. 3 para. 17(1A) inserted (20.7.2022) by The Construction Products (Amendment) Regulations 2022 (S.I. 2022/712), regs. 1(3), 3(2)(e)

Commencement

I1: Sch. 3 para. 17 in force at 31.12.2020 immediately before the 2019 Regulations come into force, see reg. 1